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Triple-check merger info to prevent costly fines – or worse

Companies should check their merger information for accuracy, truthfulness and completeness before handing it over to the European Commission.

Foreign subsidies: another addition to the M&A checklist

Checking for merger control notification obligations and Foreign Direct Investment screening mechanisms will be on the list for most companies involved in M&A deals.

First material judgment in Dutch damages proceedings in trucks infringement

In its judgment of 12 May 2021, the Amsterdam District Court ruled that it has not been established that it is definitively excluded that the trucks infringement led to damage to the claimants.

Stibbe advises Insight Venture Partners

Stibbe advises New York private equity house Insight Venture Partners on the sale of its equity stake in Harver to Outmatch / Rubicon Technology Partners. US co-counsel: Willkie, Farr & Gallagher.

Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine

Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure.

ECJ in Pometon: beware of too much info in staggered hybrid proceedings

In hybrid cartel proceedings (in which one party opts out of settlement), settlement decisions should not pre-judge the outcome of the Commission's investigation into non-settling parties.

Court bundles educational publishers merger off to ACM for reassessment

Digital mergers have steered competition authorities away from their usual mantra of structural over behavioural remedies. The Rotterdam District Court recently gave its blessing to the ACM’s remedies for securing access to a digital school platform.

Pay-for-delay saga ends with nothing new; but pharma quest continues

On 25 March 2021, the ECJ ended the Lundbeck pay-for-delay saga by dismissing the appeals from Lundbeck and five generic manufacturers against a European Commission ‘pay-for-delay’ decision.

Getting the Deal Through – Cartel Regulation 2021

Floris ten Have and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2021. In their publication, Floris and Kaj discuss important issues that apply to cartel regulation in the Netherlands.

Stibbe advises Blackstone

Stibbe assisted Blackstone with the acquisition of Desotec.

Amsterdam Court of Appeal accepts jurisdiction in competition law damages case concerning Greek beer market

On 16 February 2021, the Amsterdam Court of Appeal set aside a judgment of the Amsterdam District Court in which the District Court declined jurisdiction over the alleged claims against Athenian Brewery, a Greek subsidiary of Heineken N.V.

Digital Law Up(to)date: Belgian DPA asks for clearer justification of the Covid Safe Ticket (CST)

The Belgian Data Protection Authority (DPA) has delivered its opinion on two draft cooperation agreements (one legislative agreement and one implementing agreement) relating in particular to the extension of the scope of the Covid Safe Ticket (CST).

Enforcement of Schrems II: Council of State refuses unconditional illegality of transfers to the U.S.

A recent decision of the Belgian Council of State shines a first light on the enforcement of the Schrems II ruling of the European Court of Justice in Belgium.

Digital Law Up(to)date: (1) the download of a software with a permanent licence can constitute a “sale of goods”; (2) alert of the BEUC regarding the privacy policy of WhatsApp and its new terms of use

In this blog, we present two interesting matters in the field of digital law: (1) The supply of a copy of software together with a licence to use it can constitute a "sale of goods”; and (2) WhatsApp in turmoil for its privacy policy and terms of use.

Digital Law Up(to)date: be aware of your Facebook wall… you could be liable for comments posted by others

In this blog, we briefly present a recent judgment of the European Court of Human Rights on the liability for content posted by a third party on a Facebook wall.

Adopting the new Standard Contractual Clauses to secure international personal data transfers

Recently, the European Commission issued an implementing decision on standard new contractual clauses (“SCCs”) for the transfer of personal data to countries outside the European Economic Area.

Digital Law Up(to)date: (1) Parliamentary initiatives about cyber attacks; (2) ‘Zero tariff’ options before the CJEU; and (3) Council of State, GDPR and encryption

In this blog, we briefly present three interesting matters in the field of digital law: (1) Parliamentary initiatives to tackle cyber attacks; (2) 'Zero tariff' options and open internet access do not mix; (3) Council of State, GDPR and encryption.

Stibbe advises Insight

Stibbe advises Insight Venture Partners on the acquisition of a minority stake in Dutch scale-up Trengo.

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